I-601A Provisional Waiver

Are you in need of a provisional waiver? Experienced New Jersey immigration lawyer Susan Scheer of the Scheer Law Group explains the I-601A Provisional Waiver process. Please call our immigration lawyers at our Morristown office today.

I-601A PROVISIONAL WAIVER REQUIRED DOCUMENTS

For Unlawful Presence

Required Documents

To Show Hardship to you, your US Citizen Spouse

Notarized Affidavit from USC spouse.

Notarized Affidavit from you.

Photos of family (birthday parties, holidays, pets, babies, etc.)

Evidence of Status and Relationship:

Evidence of your relationship to your spouse. Documentary evidence of such relationships may include copy of birth records, marriage certificates.

Original Doctor’s letter regarding ANYmedical, emotional, mental/physical incapacitycondition and the treatment involved of your spouse (or a close relative that your spouse/parents take care of). The doctor’s letter must include nature of condition (chronic or acute, or long or short term), ongoing treatment needed, specialized treatment needed, duration of treatment, availability and quality of treatment abroad (if known).

2- 3 Notarized Affidavits of witnesses attesting to your good moral character

They must be US Citizens/Legal Permanent Residents: family members, friends, coworkers, landlord and priest/pastor. Sample affidavit

Letters/documents showing participation and volunteer work in your community. For example: any help that you have given to neighbors, such as yard work, rides, etc

Original letters of recommendation from past employers

Original letters of recommendation from religious organizations you belong to

Original police clearance letters from every city where you have lived since age 15

Copy of driving record (if applicable)

Copy of tax records (evidence that you have paid taxes for every year you have worked) (Including: IRS Letter 1722 (call 1.800.829.1040 and ask the agent to fax the form to you)

Copy of school records (college or vocational or English language training, etc.)

If you have ever been arrested:

Original certified disposition for every arrest (if applicable)

Copy of certificates of completion of rehabilitation programs (AA, NA, Life Skills, domestic violence, driving under the influence, or controlled substance)

Original letter to my probation/parole officer.

>> What is the difference between a Visa Waiver and a B Tourist visa?

The best way to enter the U.S. depends on what you plan to do here, and on how long you want to stay.

Visa Waiver

Currently about 40 countries in the world participate in the Visa Waiver program. This allows tourists to come to the U.S. with nothing more than a passport and a round-trip ticket, without visiting the Embassy to apply for a visa. These last 90 days and cannot be extended or converted into a different type of visa. The only exception would be if you married a U.S. citizen during those 90 days. You might, then, be able to stay and interview for a green card.

B Tourist Visa

If you know you want to stay in the U.S. longer than 90 days, you will need a B visa. To obtain a B-1 (business) or B-2 (tourist) Visa, you need to go to the U.S. Embassy in your home country and apply, submitting your “plan” – no matter if your intent is to celebrate a holiday or family occasion, travel across the country, etc. You also need to prove temporary, rather than permanent intent to travel to the U.S., and prove that you have permanent ties in your home country. This can be difficult for the young or the elderly, who might not have a job or many family members in their home country. However, once in the U.S., you can seek an I-94 authorization to stay in the U.S. for up to six months. Also, if you have a B visa you can attempt to convert it to an H-1 professional visa or F-1 student visa.

IMPORTANT: REMAIN IN CONTACT WITH THE OFFICE FOR ADDITIONAL IMPORTANT I-601A PROVISIONAL WAIVER DETAILS